교원지위확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant established and operated a C University’s educational foundation. The Plaintiff was an associate professor in the nursing department of the said C University. The judgment of this case became final and conclusive on October 12, 2012, on the grounds of the charge of violating Article 255(1)17 and 9 of the former Public Official Election Act (amended by Act No. 9974, Jan. 25, 2010; hereinafter “former Public Official Election Act”) as well as Article 255(1)17 and 9 of the same Act (amended by Act No. 12393, Feb. 13, 2014; hereinafter “former Public Official Election Act”).
B. On July 1, 2013, the Defendant sent to the Plaintiff notice that the Defendant retired from office as of June 28, 2012, pursuant to Article 266(1)4 of the Public Official Election Act (hereinafter “instant notice”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Article 85 (Prohibition of Election Campaign Taking Advantage of Status) (2) No one shall carry out or have another person carry out an election campaign for members of an educational, religious or professional institution, organization, etc. taking advantage of any occupational act within the organization thereof, or have another person carry out an election campaign for members of an enterprise, organization, enterprise, or members thereof or have another person carry out an election campaign, taking advantage of a special transaction status, such as a systematization or subcontract;
Article 106 (Restriction on House-to-House Visits) (1) No person shall visit door to door for election campaign or for the purpose of soliciting admission and admission during the election period.
Article 255 (Unlawful Election Campaign) (1) Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding six million won:
9. A person who commits or makes another person commit an act in contravention of the provisions of Article 85 (2) or (3);